1. All food and
food products packaged in any container and sold or offered for sale as
"kosher" or "kosher for passover" shall have a "kosher" or "kosher for
passover" label affixed by the manufacturer or packer at its premises.
No person other than such manufacturer or packer shall affix such
labels.
2. All food or food products that are not packaged in a container and
are sold or offered for sale as "kosher" or "kosher for passover" shall
have a "kosher" or "kosher for passover" label affixed thereto. No
person other than such manufacturer or packer shall affix such labels.
3. Any food or food product in package form that is certified or
labeled as "kosher" or "kosher for passover" shall not be sold or
offered for sale by the producer or distributor of such food or food
product until the producer or the distributor shall have registered with
the department the name, current address and telephone number of the
person certifying the food as kosher.
4. Any food or food product in package form that is marked "rabbinical
supervision" or that is marked with a "k", "km", "kos", "kp" or any
other generic marking used to convey that such food or food product is
kosher, except a registered trademark not used to represent such food or
food product as kosher, shall not be sold or offered for sale by the
producer or distributor of such food or food product until such producer
or distributor shall have registered with the department the name,
current address and telephone number of the person certifying the food
or food product as kosher.
5. As used in this section, the term "food or food product in package
form" means a food or food product not intended for consumption at the
point of manufacture that is put up or packaged in any manner in advance
of sale in units suitable for retail sale.
6. Any advertisement for food or food products representing that such
food or food products are kosher shall identify the name of the person,
or entity, certifying such food or food products as kosher.
7. Where a producer or distributor is required to register a
certifying person pursuant to the provisions of this section, such
producer or distributor shall immediately notify the department of any
change in the registration information.
8. No liability for misrepresentation shall be incurred by any
distributor if it has received written representation from a
manufacturer of food and food products that its certifying information
has been filed with the commissioner; provided, however, that if such
distributor has received notice from the commissioner that the
information filed by such manufacturer is no longer valid, the
distributor will be liable for the sale of misrepresented products
unless the distributor files valid certifying information.